A NEED FOR GENDER NEUTRAL LAW: SECTION 498A OF THE INDIAN PENAL CODE, 1860

 AUTHOR – PRERANA RACHAPPA CHAVADI, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – PRERANA RACHAPPA CHAVADI, A NEED FOR GENDER NEUTRAL LAW: SECTION 498A OF THE INDIAN PENAL CODE, 1860, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 243-247, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Gender-specific laws have long been a subject of debate in legal discourse, particularly within the context of addressing issues of domestic violence and marital discord. Section 498A of the Indian Penal Code of 1860 stands as a notable example, aimed ostensibly at protecting married women from cruelty and harassment by their husbands or in-laws. However, the implementation and consequences of this law have brought to light significant concerns regarding its gender-specific nature and its potential for misuse. The primary purpose of this study is to critically examine the efficacy and fairness of Section 498A in its current form, particularly in light of the changing dynamics of contemporary relationships and evolving societal norms. This paper explores the imperative for gender-neutral reforms within Section 498A, advocating for a more equitable legal framework that ensures justice for all parties involved. Through a comprehensive review of legal literature, case studies, the paper evaluates the impact of gender-specific legislation on the society. The findings of this study highlight several key shortcomings of the existing gender-specific approach of Section 498A. While designed to protect women from cruelty, the law often fails to acknowledge instances of male victimization and perpetuates gender stereotypes that hinder the pursuit of justice for all individuals. Moreover, the data shows a concerning trend of misuse of Section 498A for personal vendettas and extortion, resulting in the unjust persecution of innocent individuals, including women. This paper asserts the pressing need for gender-neutral reforms within Section 498A of the Indian Penal Code. By adopting a more inclusive approach that recognizes the diverse experiences and vulnerabilities of individuals regardless of gender, the legal system can fulfill its mandate of safeguarding the rights and dignity of all citizens.

Keywords: Section 498 A of Indian Penal Code 1860, Cruelty, Misuse, Gender Neutral Reforms.